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ADOPTION OF AMENDED CONSOLIDATED VERSION OF SUBORDINATE LOCAL LAW NO. 1 (ADMINISTRATION) 2015 TO RECTIFY FORMATTING ERROR · Report

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ORDINARY MEETING                                                                      16 MAY 2024


9.3       ADOPTION OF AMENDED CONSOLIDATED VERSION OF SUBORDINATE LOCAL
          LAW NO. 1 (ADMINISTRATION) 2015 TO RECTIFY FORMATTING ERROR


Author              Governance Manager, Diana Stewart
                    Governance | Office of the CEO & Mayor
Index               ECM/Subject/37.04 - Local Law No 01 - Administration
Attachments         1.   Attachment 1: Subordinate Local Law No. 1 (Administration) 2015 -
                         (Consolidated Version 16 May 2024)
                    2.   Attachment 2: Section 3(c)(i) – (iv) of Schedule 10
                    3.   Attachment 3: Section 3(c) of Schedule 10_ formatting error


EXECUTIVE SUMMARY
On 21 October 2021 Council adopted a Consolidated Version of the Subordinate Local Law No. 1
(Administration) 2015 (“SLL1”). A formatting error has been identified in this Consolidated Version
in that section 3(c)(i) – (iv) of Schedule 10, which relates to event directional signs, was
unintentionally omitted (“the formatting error”).

As Council is now aware that the Consolidated Version is not accurate, legal advice recommends
that Council should adopt an amended Consolidated Version of the SLL1 that rectifies the formatting
error.
RECOMMENDATION
That Council adopt, pursuant to section 32 of the Queensland Local Government Act 2009, a
Consolidated Version of Subordinate Local Law No. 1 (Administration) 2015 in the form in
Attachment 1 to this Report, which rectifies the unintentional omission of section 3(c)(i) – (iv) of
Schedule 10.


REPORT
1. Background
Section 32 of the Local Government Act 2009 (LGA) provides, among other things, that:
      •   A consolidated version accurately combines a local government’s local law, as it was
          originally made, with all the amendments made to the local law since the local law was
          originally made.
      •   When the local government adopts the consolidated version, the consolidated version is
          taken to be the local law, in the absence of evidence to the contrary.

2. Section 3(c)(i) – (iv) of Schedule 10 of SLL1
Section 3(c)(i) – (iv) of Schedule 10 relates to event directional signs. These are any advertising
devices intended to provide directional information about the location of a community event, facility
or feature, for example, temporary events such as a fete, fair, festival or sporting event.

Attachment 2 to this Report is Schedule 10 Section (3)(c)(i) to (iv) of the SLL1 which was
unintentionally omitted from the Consolidated Version of the SLL1.

3. Adopted Consolidated Versions of the SLL1 in 2020 and 2021
      •   On 19 December 2019 Council made the Administration and Other Subordinate Local Law
          (Amendment) Subordinate Local Law (No 1) 2019 which included amendments to the SLL1
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Page 2

ORDINARY MEETING                                                                         16 MAY 2024


          regarding advertising devices and inserted among of things, Section 3(c)(i) – (iv) of Schedule
          10. On 20 February 2020 Council then adopted a consolidated version of the SLL1 which
          incorporated these amendments. The formatting error was not contained in this Consolidated
          Version.
      •   On 21 October 2021 Council made the Administration (Amendment) Subordinate Local Law
          (No.1) 2021 which made amendments to the SLL1 pertaining to short stay accommodation.
          On this date Council also adopted a Consolidated Version of the SLL1 which incorporated
          these amendments. This Consolidated Version included the formatting error. Attachment 3
          to this Report is section 3(c) of Schedule 10 of the Consolidated Version which contains the
          error.
4. Advice to amend the Consolidated Version
Council recently identified the formatting error and sought legal advice on 2 May 2024. Legal advice
provided on 7 May 2024 recommended that:
      a. Now that Council is aware that the Consolidated Version of the SLL1 is not accurate, for the
         avoidance of doubt, Council should adopt an amended Consolidated Version that rectifies
         the formatting error, and
      b. In line with section 32 of the LGA, Council will need to adopt an amended Consolidated
         Version by resolution as it is not a power that can be delegated to the CEO.

5. Enforcement Consequence of Formatting Error
The formatting error may result in an enforcement issue, but only to the extent that any reliance is
placed on the omitted section 3(c) of Schedule 10 of SLL1 between the commencement date of 1
February 2022 and up until an amended consolidated version is adopted by Council. It is considered
that the formatting error in the Consolidated Version is low risk given that Council did not rely on the
omitted section during this period. No infringements were issued for non-compliance with the omitted
criteria, and there were no formal complaints received from the public in relation to directional event
signage. It is important to highlight this does not include events on public land which are regulated
under an event permit issued by Council’s Property Branch.

Link to Corporate Plan
Theme No. 5 - Excellence

This theme focuses on customer experience, financial sustainability, innovation and technology,
levels of service, governance, our employees and volunteers, funding streams and asset
management practices.

Previous Council Consideration
Nil

Finance
Nil

Risk & Opportunities
Dealing with the formatting error as per the above recommendation means that Council can
demonstrate it is rectifying the formatting oversight in a transparent way and that this has been acted
upon once it became aware of the matter.


Consultation
External Consultation - Community & Stakeholder

Page 3

ORDINARY MEETING                                                                         16 MAY 2024


Nil
Internal Consultation
Departments consulted:

      Office of the CEO, Mayor &             Community Services           Corporate Services
              Councillors
         Mayor & Councillors                 Director                    Director
 X       Chief Executive Officer             Community Development       Financial Services

 X       Executive Officers                  Sport & Active Lifestyles   Fleet
         Community Engagement                Arts & Culture              Revenue Services
         People & Culture                    Community Connection        ICT
  X      Governance                          Customer Experience         Commercial Property
      Strategy & Environment &             Development & Regulation      Infrastructure Services
      Sustainable Development
         Director                      X     Director                    Director

         Strategic Land Use Planning   X     Development Assessment      Infrastructure      Planning,
                                                                         Design and Delivery
         Economic Development &        X     Local Laws                  Civil and Asset operations
         Destination Management
         Environmental Services              Environmental Health        Asset Management
         Innovation & Digital Hub            Building & Plumbing         Building & Facilities
                                             Property / Permits          Disaster Management
                                                                         Waste

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